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When accidents and injuries disrupt lives, personal injury lawyers become essential. They focus on representing those harmed by negligence, helping them obtain fair compensation. This article highlights the important role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.
How to Prevent Alcohol-Related Bike Accidents
Just like drinking and driving, drinking and biking do not mix. Alcohol impairs your cognitive and motor skills and slows your reaction time. Despite the obvious dangers of operating a motor vehicle or bicycle while under the influence of alcohol, millions of people still do it. Roughly 3.2 percent of Iowans admit to getting behind the wheel in the past 30 days after drinking too much, which is significantly higher than the national average of 1.9 percent, according to the Centers for Disease Control and Prevention.
Statistical Snapshot of Alcohol-Related Bike Accidents
Statistics from the National Highway Traffic Safety Administration highlight the deadly mix of alcohol and biking:
- In 34 percent of fatal bicycle accidents, either the cyclist or the driver was under the influence of alcohol.
- Of all the bicyclists who died in traffic accidents in 2013, 20 percent had a blood alcohol concentration of 0.08 g/dL, the legal limit for alcohol, and nearly one-quarter of them had a BAC of 0.01 g/dL.
Intoxication Affects Bike Accident Liability
In addition to endangering lives, biking or driving under the influence of alcohol can have severe legal consequences. If you are responsible for an accident and your BAC exceeds the legal limits, you will be subject to criminal charges, including jail time, fines, and lost driving privileges. Moreover, cycling while intoxicated is considered negligence in an accident claim or lawsuit. In Iowa, an at-fault car insurance state, you will be held responsible for the damages caused by your negligence.
If you are involved in an alcohol-related bike accident, it's crucial to consult with an injury attorney to understand your options and seek restitution.
Options for Compensation after a Bicycle Accident Hit and Run
Hit-and-run bicycle accidents are alarmingly common. National bicycle accident statistics reveal that over 800 pedalcyclists died in accidents in 2015. Irresponsible drivers, who may be driving under the influence or without a license, often flee the scene out of fear of reprisal. This makes it exceedingly difficult for bicyclists to recover financial damages.
Finding the Driver Responsible for Your Accident
If you were hurt by a hit-and-run driver, don't assume all is lost. Sometimes drivers with a conscience come back to turn themselves in, and law enforcement can use evidence such as traffic or surveillance camera footage and eyewitness testimonies to identify the driver. You might want to contact local news stations to cover your story, as viewers may provide tips to law enforcement. Once identified, the driver will face criminal charges, and you can file a claim with their insurer or sue them directly.
Obtaining Compensation after a Hit and Run Bike Accident
If the driver stays or the police find them after the crash, you can file a claim with the driver’s insurance company to cover your damages. If the driver flees, your damages may be covered under your auto insurance policy’s uninsured/underinsured motorist coverage (UM/UIM). UM/UIM covers your damages when the driver lacks insurance, has insufficient insurance, or flees the scene. Check with your insurance agent to understand your coverage.
Helmet Use and Your Bicycle Accident Claim: It Matters
When filing a claim for injuries sustained during a bicycle accident, your choice to wear a helmet can affect your claim.
Iowa Helmet Laws
Iowa is one of 13 states without a bicycle helmet law. Riders of any age are not legally required to wear helmets. Therefore, not wearing a helmet doesn't automatically imply negligence.
Comparative Negligence Laws
Even without a helmet law, the defense may argue that you acted negligently by not wearing a helmet. Negligence is defined as irresponsible and unreasonable behavior. The defense could argue that not wearing a helmet is unsafe and unreasonable, especially if you sustained head injuries.
Under Iowa’s comparative negligence laws, a victim can recover damages if they are less than 50 percent at fault for the accident. However, their recovery amount will be reduced by their percentage of fault.
Proving the Negligence of the Other Party
To hold the other party fully liable, you must demonstrate that their negligent actions caused your injuries, regardless of helmet use.
We Are Here To Help
Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.
Free Book at No Cost
If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.
If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.